The Jurisdiction of the Inter-American Court of Human Rights Should Outlive Defection

Authors

Humberto Briceno Leon, Lewis & Clark Law School

Abstract

The Inter-American Court of Human Rights’ jurisdiction should outlive the purpose of any state to denounce the American Convention on Human Rights in order to avoid disadvantageous international rules and circumvent the international adjudicative authority to protect victims of human rights violations. I begin by outlining the Human Rights jus cogens nature integrated into the universal international human rights law. Following that, I review leading international court cases approaching the jurisdictional paradigm on treaty defections. Furthermore, I propose two conjunctive new elements modifying the mechanical jurisdictional paradigm: the constitutional internationalized human rights treaties and the substantial reviewability of a treaty’s defection. I conclude by examining the interface concerning the American Convention on Human Rights and Latin American constitutions. In approaching the Latin American constitutions, I will demonstrate how what I refer to as the “jus cogens complementary jurisdictional model” would operate.

Recommended Citation

Humberto Briceno Leon, The Jurisdiction of the Inter-American Court of Human Rights Should Outlive Defection, 52 U. MIA Inter-Am. L. Rev. 1 (2021)
Available at: https://repository.law.miami.edu/umialr/vol52/iss1/3